Latest publications
Show me the money: the consequences of failing to disclose assets in family law proceedings
Parties to financial family law cases have an ongoing duty to disclose the material facts relating to their financial position. This principle was stated in In the marriage of Briese, where the court said that “a person … has a positive obligation to set out at an early stage [their] financial…
What’s in a name? Changing your child’s surname after separation or divorce
Your child’s name can be changed where you have the consent of the other parent and the change of name is in the child’s best interests. Change of name without other parent’s consent In Chapman and Palmer, the Full Court of the Family Court held that a court will not prevent a parent from…
Domestic violence in financial cases in the Family Court and Federal Circuit Court of Australia
The Family Law Act 1975 established the ‘no fault’ divorce principle. This means that, unlike in some other jurisdictions, to establish grounds for divorce, courts do not have to consider which partner is to blame for the breakdown of a marriage. Where domestic violence can be a factor establishing ‘fault’ as grounds…
Preventing International Parental Child Abduction
Did you know that Australia has one of the highest rates of international parental child abduction in the world? Once a parent has taken their children out of Australia without the permission of the other parent or retained a child overseas outside of an agreement reached with the other parent, it may be…
If you have signed a prenup and no longer agree to the terms, what can you do?
In brief — Your rights are limitedIf you have previously signed a prenuptial or postnuptial agreement and no longer agree to its terms, your rights are very limited.Binding Financial Agreements Pre or postnuptial agreements are known as Binding Financial Agreements. Binding Financial Agreements allow parties to contract out of the Family Law Act and…
What Brexit will mean for trade marks in the UK
The reports of political turmoil in the United Kingdom regarding the implementation of Brexit has caused some consternation to those parties holding registered trade mark and other intellectual property rights in the EU. However, it is important that a proper perspective be maintained with respect to any perceived danger to such…
Restraints of trade and customer connections
It is well established that restraints of trade in employment contracts will not be enforced by a court if they are considered to be unreasonable. Sometimes a restraint of trade is deemed to be unreasonable because it operates over too wide an area, or for too long a period of time. Sometimes a restraint…
Avoiding redundancy pay where the employer “obtains other acceptable employment” for the employee: four recent cases
As most employers will be aware, the Fair Work Act 2009 (Cth) (Act) contains provisions requiring businesses to pay eligible employees a set amount of redundancy pay where the employee loses their employment due to their role being made redundant. What is perhaps less well known is, the provision at section 12…
Abuse from the general public: The obligations of employers
Recently a radio presenter on ABC radio in Adelaide broke down in tears on air after receiving an abusive text message from a listener which had been sent through the station’s text feedback number. The text criticised the presenter stating that she had she had conducted “a pitiful interview”, claimed what she said…
Casual Employment: The new rules of engagement
A recent decision of the Full Court of the Federal Court of Australia, WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene), held that an employee who had been categorised as a “casual” by the employer, WorkPac, was not in fact a casual but rather a permanent employee and, as a result, entitled…